SECTION
1.The legislature finds that the
current plurality voting method allows a candidate to win an election with less
than a majority of votes when there are more than two candidates for the
office.In elections with many
candidates, the plurality method may result in winners who received small
percentages of votes and who are not widely supported by voters.For these winners, this may raise concerns
about a lack of public support and confidence and may therefore undermine the
ability of those elected to govern effectively.

Ranked choice voting is an election
method that allows voters the option to rank candidates as the voter's first,
second, and subsequent choices.Tabulation begins with each voter's first choice vote.If no candidate receives a majority of votes,
the candidate with the fewest votes is eliminated and the tabulation is
repeated by using the second choice of voters whose first choice was eliminated
and the first place vote of all other voters.If no candidate receives a majority in the second tabulation, the
process is repeated by eliminating the candidate with the fewest votes and
performing the tabulation using the next highest choice of voters who had
chosen that candidate.

Ranked choice voting assures that
elected officials have the support of a majority or near majority of voters because
it allows voters to indicate their preferences among more than one
candidate.Ranked choice voting allows
all voters to vote for their favorite candidate without fear of helping to
elect their least favorite candidate.

The legislature further finds that
ranked choice voting has been used effectively around the world, including in
Ireland for presidential elections, Australia for parliamentary elections, and
London for mayoral elections.Ranked
choice voting has been used by numerous state and local governments in the
United States including San Francisco, Oakland, and Berkeley, California and
Minneapolis and St. Paul, Minnesota.In
2010, North Carolina used ranked choice voting for a statewide judicial election
as well as three county-level judicial elections.Additionally, Memphis, Tennessee; Portland,
Maine; Springfield, Illinois (for overseas voting only); and Telluride,
Colorado; have adopted ranked choice voting.

Finally, the legislature finds that
Hawaii's voting systems, including optical scanners, can process ranked choice
voting with little or no difficulty.

The purpose of this Act is to
authorize the use of the ranked choice method of voting for all partisan
primary elections, special elections, and nonpartisan general elections held in
this State.

SECTION
2.Chapter 11, Hawaii Revised Statutes,
is amended by adding four new sections to part X to be appropriately designated
and to read as follows:

"§11-ARanked choice method; applicability.(a)The ranked choice method shall be used in all of the following state or
county election contests held in the State:

(1)Partisan primary elections;

(2)Special elections; and

(3)Nonpartisan general elections.

(b)The chief election officer shall adopt rules
pursuant to chapter 91 to implement the use of mechanical, electronic, or other
means devised for marking, sorting, and counting the ballots and tabulating and
transferring the votes in an election using the ranked choice method; provided
that these rules shall be consistent with the intent and purpose of the ranked
choice method.

§11-BRanked choice method; ballots.(a)In addition to the requirements under sections 11-111 and 11-119, the
ballots for an election using the ranked choice method shall allow a voter to
rank no more than four candidates for an office in order of preference.If more than one seat is to be filled by the
same ballot, the voter may be limited to voting for no more than twice the
number of candidates as seats to be filled.Instructions on the ballot shall include the following statement:"You may mark up to three alternate
choices in order of preference.Marking
a second choice cannot help defeat your first choice.Marking a subsequent choice cannot help
defeat your higher-ranked choices."

(b)The chief election officer or county clerk in
the case of a county election shall print informational materials containing a
facsimile ballot that depicts the official ballot to be used in the election
and voting instructions and procedures for the election using the ranked choice
method.The informational materials
shall be:

(1)Posted near the
entrance to the polling place where the information can be easily seen by
voters prior to voting;

(2)Posted in or
near a voting booth;

(3)Included in the
instruction materials for absentee ballots;

(4)Posted on the
website of the office of elections or county clerk, as applicable; and

(5)Included in any
voter education materials distributed by the office of elections or county
clerk in the case of a county election prior to the election using the ranked
choice method.

(c)Prior to the printing of ballots for an
election using the ranked choice method, the chief election officer or county
clerk in the case of a county election shall make a sample ballot available on
the website of the office of elections or county clerk, as applicable.The sample ballot shall be accessible on the
applicable website for no less than fifteen calendar days prior to printing for
public review and comment.

§11-CRanked choice method; method of counting.(a)To determine the winners in an election using the ranked choice method,
election officials shall initially count the ballots according to the first
choice marked on each ballot.If at the
end of the initial count, one candidate receives a majority of the first-choice
votes cast, then that candidate shall be declared the winner for the office for
which the candidate seeks election.

(b)If at the end of the initial count, no
candidate receives a majority of the first-choice votes cast, the chief
election officer or county clerk, as applicable, shall declare that no
candidate has received a majority of first-choice votes and that the candidate
with the fewest first-choice votes is defeated.The chief election officer or county clerk, as applicable, shall
recalculate the votes using the continuing candidate with the next highest
ranking on each of the ballots for each voter who had selected a defeated
candidate.If after the first round of recalculating
votes, no candidate has received a majority of votes cast for the office, the
process of eliminating candidates; recalculating the eliminated candidates'
votes, including any previously recalculated votes, to candidates who remain in
the race; and tabulating results shall continue until one candidate receives a
majority of the votes cast or the majority of the votes cast for the two
remaining candidates.Blank and spoiled
votes shall not be tabulated.

(c)The ranked choice method may be accelerated,
at the discretion of the chief election officer or county clerk, by eliminating
all candidates with fewer than one per cent of the first-choice votes cast.In an accelerated process pursuant to this
subsection, the first-choice votes on ballots cast for eliminated candidates
shall be recalculated to the candidates who remain in the race and received the
voters' next highest ranking on those ballots.

(d)Once a winner has been declared by using the
ranked choice method, a certificate of election declaring the results shall be
issued pursuant to section 11-156.

§11-DRanked choice method; vote count.(a)Each voter's ballot shall count for no more than one candidate per seat
in each round of tabulation.Once a
ballot in an election using the ranked choice method has no more available choices
ranked on it, the ballot shall be deemed exhausted.

(b)If a ballot in an election using the ranked
choice method skips a ranking by leaving a ranking blank and then ranking a
candidate at a subsequent ranking, the ballot shall be deemed exhausted.A ballot that gives two or more candidates
the same ranking shall be deemed exhausted when that ranking is reached unless
only one of the candidates so ranked is still in the race when the vote is due
to be transferred pursuant to section 11-C(b).

(c)If a tie between candidates for last place,
and thus elimination, occurs during any round of tabulation, the tie shall be
resolved by eliminating the candidate who received the lowest number of
combined first-choice votes and recalculated votes at the previous round of
tabulation.In the case of a tie to
which a previous round of tabulation does not apply, or where the previous round
of tabulation was also a tie, the tie shall be resolved by drawing lots.However, if a tie occurs when there are only
two candidates remaining, the tie shall be resolved as set forth in section 11‑157."

SECTION
3.Section 11-1, Hawaii Revised
Statutes, is amended by adding four new definitions to be appropriately
inserted and to read as follows:

""Exhausted"
means an occurrence during an election using the ranked choice method when a
voter does not rank on the ballot any candidate that remains in the subsequent
rounds, a ballot contains an overvote at the highest continuing ranking, or a
ballot contains a skipped ranking before its highest continuing ranking.

"Ranked
choice method" means a method of casting and tabulating votes that
tabulates a single vote for each voter but simulates the ballot counts that
would occur if all voters participated in a series of runoff elections, whereby
voters are allowed to rank candidates according to the voter's preference and,
if no candidate obtains a majority of first-choice votes, votes are transferred
in sequential tabulations according to voters' preferences.

"Ranking"
means the number assigned on a ballot by a voter to a candidate in an election
using the ranked choice method to express the voter's preference for that
candidate with the ranking of number one as the highest rank.

"Round"
means an instance of the sequence of voting tabulation steps in an election
using the ranked choice method."

"§11-112Contents of ballot.(a)The ballot shall contain the names of the candidates, their party affiliation
or nonpartisanship in partisan election contests, the offices for which they
are running, and the district in which the election is being held.[In multimember races the ballot shall
state that the voter shall not vote for more than the number of seats available
or the number of candidates listed where such number is less than the seats
available.]

(b)The ballot may include questions concerning
proposed state constitutional amendments, proposed county charter amendments,
or proposed initiative or referendum issues.

(c)At the chief election officer's discretion,
the ballot may have a background design imprinted onto it.

(d)When the electronic voting system is used,
the ballot may have pre-punched codes and printed information which identify
the voting districts, precincts, and ballot sets to facilitate the electronic
data processing of these ballots.

(e)The name of the candidate may be printed with
the Hawaiian or English equivalent or nickname, if the candidate so requests in
writing at the time the candidate's nomination papers are filed.Candidates' names, including the Hawaiian or
English equivalent or nickname, shall be set on one line.

(f)The ballot shall bear no word, motto, device,
sign, or symbol other than as allowed in this title.

(g)The ballot may include language necessary to
use the ranked choice method pursuant to sections 11-A to 11-D."

"§11-151Vote count.[Each] Except for contests in which
the ranked choice method subject to sections 11-A to 11-D are used, each
contest or question on a ballot shall be counted independently as follows:

(1)If the votes cast in a contest or question are
equal to or less than the number to be elected or chosen for that contest or
question, the votes for that contest or question shall be counted;

(2)If the votes cast in a contest or question
exceed the number to be elected or chosen for that contest or question, the
votes for that contest or question shall not be counted; and

(3)If a contest or question requires a majority
of the votes for passage, any blank, spoiled, or invalid ballot shall not be
tallied for passage or as votes cast except that such ballots shall be counted
as votes cast in ratification of a constitutional amendment or a question for a
constitutional convention."

"§11-152Method of counting.(a)In
an election using the paper ballot voting system, immediately after the close
of the polls, the chairperson of the precinct officials shall open the ballot
box.The precinct officials at the
precinct shall proceed to count the votes as follows:

(1)The whole number of ballots shall first be
counted to see if their number corresponds with the number of ballots cast as
recorded by the precinct officials;

(2)If the number of ballots corresponds with the
number of persons recorded by the precinct officials as having voted, the
precinct officials shall then proceed to count the vote cast for each
candidate;

(3)If there are more ballots or less ballots than
the record calls for the precinct officials shall proceed as directed in
section 11-153.

(b)In those precincts using the electronic
voting system, the ballots shall be taken in the sealed ballot boxes to the
counting center according to the procedure and schedule promulgated by the
chief election officer to promote the security of the ballots.In the presence of official observers,
counting center employees may start to count the ballots prior to the closing
of the polls provided there shall be no printout by the computer or other
disclosure of the number of votes cast for a candidate or on a question prior
to the closing of the polls.For the purposes
of this section, the closing of the polls is that time identified in section
11-131 as the closing hour of voting.

(c)In an election using the ranked choice method
of voting pursuant to sections 11-A to 11-D, votes shall be counted as provided
in section 11-C."

"§11-155Certification
of results of election.On receipt
of certified tabulations from the election officials concerned, the chief
election officer in state elections or county clerk in county elections
shall compile, certify, and release the election results after the expiration
of the time for bringing an election contest.The certification shall be based on a comparison and reconciliation of
the following:

(1)The results of the canvass of ballots
conducted pursuant to chapter 16;

(4)The results of the absentee ballot
reconciliation report compiled by the clerks; and

(5)All logs, tally sheets, and other documents
generated during the election and in the canvass of the election results.

A certificate of election or a certificate of results
declaring the results of the election as of election day shall be issued
pursuant to section 11-156; provided that in the event of an overage or
underage, a list of all precincts in which an overage or underage occurred
shall be attached to the certificate.The number of candidates to be elected receiving the highest number of
votes in any election district shall be declared to be elected[.]; provided
that candidates in contests subject to the ranked choice method pursuant to
sections 11-A to 11-D shall be declared to be elected pursuant to section 11-C.Unless otherwise provided, the term of office
shall begin or end as of the close of polls on election day.The position on the question receiving the
appropriate majority of the votes cast shall be reflected in a certificate of
results issued pursuant to section 11-156."

SECTION
8.In codifying the new sections added
by section 2 of this Act, the revisor of statutes shall substitute appropriate
section numbers for the letters used in designating the new sections in this
Act.

SECTION
9.Statutory material to be repealed is
bracketed and stricken.New statutory
material is underscored.